Summary: We will not investigate Mr X’s complaint about the Council’s failure to provide alternative education provision for his son in 2019 and 2020. This is because his complaint is made late and I see no good reason to exercise discretion and consider it now.

The complaint

1. Mr X complains that the Council failed to inform him that it had a duty to arrange alternative education provision after his son stopped attending school in 2019 and 2020.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I will not investigate Mr X’s complaint because it is made late. I see no good reason why Mr X could not have asked the Ombudsman to investigate the matter in 2019 or 2020.

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Final decision

7. We will not investigate Mr X’s complaint because it is made late.

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Investigator's decision on behalf of the Ombudsman